Separate Injury Requires New ‘Blue Letter’

No Plausible Explanation for Stolen Checks

By Deborah Elkins
Published: July 17, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

A defendant’s claim that he received stolen payroll checks from a lumber card for cutting down trees for a man he could not identify was not credible to the fact finder, and the Court of Appeals affirms defendant’s convictions for statutory burglary and petit larceny, third or subsequent offense. Defendant contends the commonwealth’s evidence was [...]

Jailhouse Letter Proves Solicitation

By Deborah Elkins
Published: July 17, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his bench trial conviction for soliciting a felony by denying he wrote a letter plotting to kill witnesses and accomplices, the Court of Appeals says; the record evidence proves defendant wrote the letter to begin his plan to eliminate witnesses. In December 2009, a man was killed in [...]

Claim Waived for No Legal Authority

By Deborah Elkins
Published: July 5, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

The Court of Appeals says appellant has waived his claim of insufficient evidence, as his lawyer has failed to cite sufficient legal authority in the brief appealing his conviction for use of a firearm in commission of a robbery. When defendant approached a cashier at a Subway restaurant and demanded money, he had his hand [...]

Unlawful Wounding Instruction Required

By Deborah Elkins
Published: June 11, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Defendant is entitled to reversal of his jury trial conviction for malicious wounding based on the trial court’s refusal of his verbally requested unlawful wounding instruction, the Court of Appeals says; defendant’s convictions for first-degree murder, robbery and felony use of a firearm arising out of a drug deal shooting are affirmed. One day in [...]

Drug Guilty Plea Binding

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Defendant is not entitled to withdraw his guilty plea after sentencing for cocaine possession based on possible exculpatory evidence, the Court of Appeals says; the trial court made the inquiry required under Boykin v. Alabama, 395 U.S. 238 (1969), and defendant fails to meet the two-part test for withdrawing a guilty plea: a good faith [...]

Toddler’s Escape Not Felony Neglect

By Deborah Elkins
Published: May 18, 2012
Tags: Criminal, Judge Rossie D. Alston Jr., Virginia Court of Appeals

Mother is entitled to reversal of her bench trial conviction for felony child neglect for insufficient evidence, the Court of Appeals says; no evidence proves mother guilty of wanton or willful actions or reckless or indifferent disregard for her child’s welfare. Mother lives in a trailer with her twin three-year old sons and boyfriend. One [...]

Undated Physician Report Extends Benefits

By Deborah Elkins
Published: May 18, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses a commission decision denying temporary total disability benefits after the date employee was seen by a physician who indicated employee would be evaluated for return to light duty work at his next visit; a remand is required to determine the period for continuing benefits. In April 2010, employee was injured [...]

Continuing Disability Proved

By Deborah Elkins
Published: May 18, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission’s award of temporary total disability benefits to employee for a 10-week period three and one-half months after he fell exiting a work bathroom. In April 2010, employee fell exiting a work bathroom when his cane slipped on wet paper towels. He filed a claim for benefits in May. [...]

Gym Membership, Mileage Are Covered

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms the commission decision requiring employer to pay for employee’s YMCA membership and mileage for independent pool therapy prescribed by employee’s physician to treat his work related injury. In early 2006, employee injured his right hip, groin, femur and knee in a work-related accident. His orthopedic surgeon prescribed supervised pool therapy [...]